Dr Jintu Sarma Vs the State of Assam and Anr. — Gauhati HC (2025) — LawSathi Research

Dr Jintu Sarma Vs the State of Assam and Anr. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent No. 5, the Principal of Guwahati College, to dispose of the petitioner's representation dated 29.10.2024 by a speaking order within one week from receipt of the certified copy of the order; petitioner to deliver the certified copy within five working days with the writ petition and the order dated 23.10.2024 in WP(C) No. 6276/2023 enclosed.

Issue for consideration

Whether, following the expunction of the adverse service-book remark by order dated 23.10.2024 in WP(C) No. 6276/2023, the petitioner is entitled to be given the charge of Head of the Department, Botany, of Guwahati College. +1 more

Ratio / Principle

The Court disposed of the writ petition by directing respondent No. 5, the Principal of Guwahati College, to dispose of the petitioner's representation dated 29.10.2024 by a speaking order within a period of 1 week from the date of receipt of the certified copy of the order.

Key takeaways

The petitioner was directed to obtain a certified copy of the order and place the same before respondent No. 5 within five working days.ratio¶34
The petitioner was further directed to enclose the present writ petition, along with the order of this Court dated 23.10.2024 passed in WP(C) No. 6276/2023, with the certified copy of the present order.ratio¶35

Detailed headnote1 paragraphs

Writ petition (WP(C)/1375/2025) by Dr Jintu Sarma, formerly Head of the Department, Botany, Guwahati College, who had been released from the HoD post by the Principal's communication dated 28.11.2022 (charge handed to Dr. U. K. Chowra on 17.10.2022) with a stigmatic remark recorded in his service book. The remark had already been expunged by this Court vide order dated 23.10.2024 in WP(C) No. 6276/2023, but the petitioner's subsequent representation dated 29.10.2024 seeking restoration of the HoD (Botany) charge remained undisposed by respondent No. 5, the Principal. With the consent of counsel for respondent Nos. 1 & 3, the Court (Justice Robin Phukan, 12.11.2025) disposed of the petition by directing respondent No. 5 to dispose of the representation by a speaking order within one week of receipt of the certified copy; the petitioner was to place the certified copy before the Principal within five working days, enclosing the writ petition and the order dated 23.10.2024 in WP(C) No. 6276/2023.

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GAHC010043442025

2025:GAU-AS:15274

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/1375/2025

DR JINTU SARMA

S/O- LATE JATINDRA NATH SARMA, R/O- FLAT NO.103, GUNJAN TOWER, PARAG DAS PATH, BAMUNIMAIDAM, GUWAHATI, DIST-KAMRUP (M), ASSAM, PIN-781021

VERSUS

THE STATE OF ASSAM AND ANR REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF HIGHER EDUCATION, DISPUR, GUWAHATI-06.

2:GAUHATI UNIVERSITY REP. BY THE CONTROLLER OF EXAMINATION G.U JALUKBARI GUWAHATI-14 3:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI-19.

4:THE GOVERNING BODY OF GUWAHATI COLLEGE REP. BY THE PRESIDENT DR. INDRA KUMAR BHATTACHARYA GUWAHATI COLLEGE BAMUNIMAIDAM GUWAHATI- 781021.

5:THE PRINCIPAL

GUWAHATI COLLEGE BAMUNIMAIDAM

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GUWAHATI- 781021.

6:DR. UMA KANTA CHOWRA HOD DEPARTMENT OF BOTANY

GUWAHATI COLLEGE BAMUNIMAIDAM GUWAHATI- 781021

Advocate for the Petitioner : MR. A. ALI, MR. M J BARUAH

Advocate for the Respondent : SC, HIGHER EDU, SC, G U

BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

ORDER

12.11.2025

Heard Mr. M. J. Baruah, learned counsel for the petitioner. Also heard Mr. S. Bhuyan, learned counsel for the respondent Nos. 1 & 3 and Mr. R. C. Alom, learned counsel appearing on behalf of Mr. P. J. Phukan, learned Standing Counsel for the respondent No. 2.

2. Mr. Baruah, learned counsel for the petitioner submits that the petitioner was working as Head of the Department, Botany, in Guwahati College and on 28.11.2022, the Principal of Guwahati College had issued one communication to him, thereby, releasing him from the post of Head of the Department, Botany. The allegation against the petitioner was that he had not submitted the Internal Assessment marks of SEC paper of 4^th Semester in the Department of Botany before Examination Committee, and another allegation was that the petitioner

had prohibited some students of 3rd and 5^th Semester from appearing in the Sessional examination, which was held in the month of October, 2022.

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Thereafter, the Principal had handed over the charge of Head of the Department to Dr. U. K. Chowra, on 17.10.2022 and also, he made some stigmatic remark against the petitioner in his service book, to the effect that he was released from the position of Head of Department, Botany, due to lapses in College Examination works.

3. Against the said action of the Principal, the petitioner had approached this Court by filing one writ petition, being WP(C) No. 6276/2023, and this Court vide order dated 23.10.2024, was pleased to expunge the remark made by the Principal of Guwahati College in the service book of the petitioner and thereafter, the petitioner had approached the Principal of Guwahati College, for appointing him again in the post of Head of the Department, Botany, of Guwahati College. But, no action has been taken by the Principal of Guwahati College till date.

4. During the course of deliberation, Mr. Baruah, learned counsel for the petitioner submits that this Court, in WP(C) No. 6276/2023, vide order dated 23.10.2024, was pleased to expunge the adverse remark recorded in the service book of the petitioner and as such, the petitioner has to be given the charge of Head of the Department, Botany, of Guwahati College and again, to that effect, he has also filed one representation, on 29.10.2024. But, the same has not yet been disposed of by the respondent authorities and as such, this writ petition may be disposed of by directing the respondent authorities, more particularly, respondent No. 5, the Principal of the Guwahati College; to dispose of the said representation of the petitioner, dated 29.10.2024, by a speaking order.

5. Mr. Bhuyan, learned counsel for the respondent Nos. 1 & 3 submits that he has no objection if this writ petition is disposed of by directing the respondent

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No. 5, the Principal of the Guwahati College, to dispose of the representation filed by the petitioner on 29.10.2024.

6. Accordingly, taking note of the submissions made by the learned counsels for both the parties, this Court is inclined to dispose of this petition, by directing the respondent No. 5 to dispose of the representation filed by the petitioner on 29.10.2024, by a speaking order; within a period of 1 week from the date of receipt of certified copy of this order.

7. The petitioner shall obtain a certified copy of this order and place the same before the respondent No. 5, within five working days from today.

8. The petitioner shall also enclose the present writ petition, along with the order of this Court, dated 23.10.2024, passed in WP(C) No. 6276/2023, with the certified copy of the present order.

9. In terms of the above, this writ petition stands disposed of.

JUDGE

Comparing Assistant